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HomeMy WebLinkAbout20201049 Ver 1_SAW-2020-00942 NWP- 27_20200929U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01438 County: Duplin U.S.G.S. Quad: NC-Beulaville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: James Lanier 1362 Cedar Fork Road Beulaville NC, 28518 Agent: Wildlands Engineering, Inc, C/o Aaron Early 1430 S. Mint St, Suite 104 Charlotte, NC 28203 Size (acres) 5.826 Nearest Waterway Big Branch USGS HUC 030300070306 Nearest Town Beulaville River Basin Cape Fear Coordinates Latitude:34.875382 Longitude:-77.701810 Location description: The proiect area is located at 1362 Cedar Fork Road with areas with unstable, eroding, stream banks, in Duplin County, North Carolina. Description of projects area and activity: This verification authorizes the restoration, stabilization and enhancement of 581 linear feet of an intermittent stream & 0.005 acres of wetland impacts, 0.056 of temporary wetland impacts and 20 linear feet of temporary intermittent stream impacts. Please see attached plans. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit #27 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 8/14/2020, and the enclosed plans Figure 3 Site map, UT to Big Branch Proiect Site, Cape Fear River Basin 03030007, Duplin North Carolina. Dated 9/28/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Thomas Charles at 910-251-4101 or Thomas.p.charles(ausace.armv.mil Corps gu Y3, CHARLES.THOMAS.P.1288547196 Digitally signed by CHARLES.THOMAS.P.1288547196 Co s Regulatory Official: Date: 2020.09.29 12:21:07 -04'00' Date: 9/29/2020 Expiration Date of Verification: 3/18/2022 Assessment Area (5.826 acres) ® Potential Waters of the US Potential Non -Wetland Waters of the US Agricultural Ditches 2 ft Contours O Data Points A • Aerial Photography w�WILDLANDS ENGINEERING 0 100 200 Feet I i I i I CHARLES.THOMAS.P.1288547196 Datea2l02 09.signe02912:21A 7- 4'00' A8.P.1288647196 0 Figure 3 Site Map UT to Big Branch Project Site PCape Fear River Basin 03030007 �1 9/28/2020 Duplin County, NC Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued. Basis For Determination: The proiect area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement. Desktop review by Thomas Charles 9/14/2020 Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Corps Regulatory Official: Date of JD: 9/29/2020 Expiration Date of JD: N/A Digitally igned by AEOMAS.P.1288547196CHARLES.THOMAS.P.1288547196 :2 9.2912:222604' O Thomas Charles SPECIAL CONDITIONS 1. In order for this Nationwide Permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a copy of the required certification or waiver of certification from the state prior to proceeding with the work in waters of the U.S. The permittee shall comply with all conditions of the state certification. 2. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Action ID Number: SAW-2020-01438 County: Duplin Permittee: Project Name: James Lanier Restoration &enhancement UT to Big Branch Proiect Date Verification Issued: 9/29/2020 Project Manager: Thomas Charles Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Thomas Charles Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date